Clear Kayak Drone Photoshoot Terms and Conditions

Terms & Conditions

All drone clear kayak photoshoot bookings are subject to these terms and conditions. By submitting your booking to us, you represent that you have the authority to make the booking for you or on behalf of your party. You should check the details of your confirmation carefully and promptly to ensure that it accurately reflects the booking you have requested and you should immediately inform us of any discrepancies or alterations.

  1. Please arrive at the noted time for your photoshoot appointment.  If you arrive late, your photoshoot time slot will be affected by the amount of time you are late.  For example if you are 20 minutes late for a 60 minute photoshoot, you will now receive 40 minutes.  Please note that notifying us of your lateness does not change that your time slot will be affected by lateness.
  2. In the event of force majeure or for any reason outside of the operator’s control, Barbados Dress Rentals reserves the right with or without prior notice – to postpone, reschedule or cancel an activity.
  3. Barbados Dress Rentals is not responsible for inclement weather conditions.  Barbados Dress Rentals is also not responsible for sargassum seaweed on our beaches.  When possible, we will do our best to accommodate a new shoot date if our schedule allows.
  4. Children under the age of 18 must be always accompanied and supervised by an adult.
  5. All participants and any belongings carried in the kayak are subject to getting wet. Valuables should be left on shore in a safe place as Barbados Dress Rentals is not responsible for lost or damaged valuables.
  6. Barbados Dress Rentals prices do not included: transportation, food or soft drinks, or water.
  7. We accept cancellations on clear kayak photoshoots up to 72 hours prior to your photoshoot scheduled time. If you cancel no less than 72 hours prior to your shoot, we will issue a full refund. After 72 hours, no refunds will be issued.
  8. No shows will not receive any refund. Our photoshoots are booked by appointment and we expect clients to respect our time as we do theirs.  Our no show policy is strictly enforced.
  9. Last minute illnesses, injuries, jet lag, a poor mood or a hangover are not acceptable reasons to request a refund for a scheduled photoshoot.
  10. If you wish to change your booking in any way after your payment has been received, we will do what we reasonably can to accommodate such changes.
  11. If any member of your party commits an illegal or potentially dangerous act including carrying or taking drugs during or before an activity, is under the influence of alcohol, persistently disregards the instructions of our guides, or is disruptive or exhibits difficult behavior, we reserve the right to terminate such persons’ participation in the activity & there will be no right to any refund.
  12. We frequently take photos and video of our guests. We reserve the right to use these in our social media and any other promotional material. If you wish to opt out please inform us at booking.

 

FULL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT (“Agreement”)

THIS IS A LEGAL DOCUMENT.  BY CHECKING THE “I have read and agreed to the terms” BOX ON YOUR BOOKING, I FORFEIT ANY LEGAL RIGHT TO SUE FOR ANY CLAIMS RESULTING FROM MY OR MY MINOR DEPENDENTS’ PARTICIPATION IN THIS PHOTOSHOOT.

By virtue of my participating and/or purchasing tickets for any of the Clear Kayak Photoshoot offerings and in consideration for my being allowed to participate in the Photoshoot, the receipt and sufficiency of which is hereby acknowledged, I, agree to be bound by each of the following provisions of this Agreement with the knowledge that the Company will rely on same, subject to the terms of the Agreement herein.

 

  1. ASSUMPTION OF RISKS. I want to participate in the Photoshoot and fully comprehend and accept all of the risks associated with my participation in the clear kayak photoshoot including, but not limited to possible contact with water, exposure to varied weather conditions, slipping or falling while on uneven terrain, slipping or falling while in the kayak, injury from the drone, and other hazards and injuries which may occur while participating in the photoshoot (e.g. without limitation, those arising out of self-inflicted accidents and mishaps or those inflicted by other guests, automobiles, cyclists, animals, pedestrians and the like). I fully comprehend and accept all of the risks associated with my participation in any water-based activities, including, but not limited to exposure to potentially extreme weather conditions, slipping or falling while on board the kayak, or getting on or off the kayak, motion sickness, or exhaustion, and other boat related hazards and injuries (e.g. without limitation, those arising out of self-inflicted accidents and mishaps, other guests on the Photoshoot, boat engines, marine-life, poor sea conditions, and the like).  I am aware that I am engaging in activities which may be in areas remote from competent medical assistance and that the crew may not be able to provide medical assistance but will provide aid until competent medical assistance arrives.   I am aware that the risks may include permanent disability and death and that severe social and economic loss may result.  I understand and agree that it is my responsibility to assess the risks presented and that I am the ultimate judge as to whether I can participate in the Photoshoot. I authorize the Company to seek on my behalf all reasonable medical and surgical care that may be necessary as a result of any injury I sustain while participating in the Photoshoot if I am reasonably unable to authorize such care myself.

 

  1. RELEASE AND WAIVER. I have read the previous paragraph and appreciate the risks involved and HEREBY ASSERT THAT I VOLUNTARILY ASSUME FULL RESPONSIBILITYAND SOLE LIABILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, as a result of my participation in the Photoshoot WHETHER CAUSED BY NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, ACCIDENT or other conduct on the part of the Company. I DO HEREBY RELEASE, WAIVE, DISCHARGE Barbados Dress Rentals, Monif Clarke, our employees, agents, successors and assigns (hereinafter referred to as “the Company”) from liability from any and all claims, INCLUDING THE NEGLIGENCE OF THE COMPANY, resulting in personal injury, accidents, or illnesses (including death), and property loss arising from my participation in the Photoshoot. I EXPRESSLY AGREE that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by the laws of the Barbados and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The laws of Barbados shall govern this Agreement. I accept the jurisdiction of the courts of Barbados for this Agreement. In addition I understand and agree that Barbados Dress Rentals and its affiliates may send me followup marketing materials after my photoshoot. 
  1. I HEREBY CERTIFY THE FOLLOWING:

I CERTIFY that I am in good health and suffer from no minor or serious physical or mental illness, respiratory or heart condition or other condition that would make me especially susceptible to injury or disability while performing activities on the Photoshoot.

I CERTIFY that I will comply with all safety rules.

I CERTIFY that I have inspected all equipment provided to me and am satisfied that it is free of damage or defect and agree to pay to repair or replace any damaged equipment left in my possession.

I CERTIFY that I am not under the influence of any drug or medication that could impair my ability to safely participate in the activities I wish to participate in.

 

  1. BINDING EFFECT. This Agreement shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.

 

  1. INDEMNITY. I AGREE TO INDEMNIFY AND HOLD THE COMPANY, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, and liabilities, including but not limited to, personal loss, injury (whether or not resulting in death), property chattels damage destruction or loss belonging to me in my possession as well as attorney’s fees brought as a result of my participation in the Photoshoot and to reimburse THE COMPANY for any such expenses that may occur as a result of my participation in the Photoshoot WHETHER CAUSED BY NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, ACCIDENT or other conduct on the part of THE COMPANY.

  

  1. SEVERABILITY. Each clause, paragraph and provision of this Agreement shall be deemed to be and shall be treated as severable, and any invalidity, illegality or unenforceability affecting any clause, paragraph or provision of this Agreement shall not affect or prejudice the validity, legality and enforceability of the remaining clauses, paragraphs and provisions of this Agreement.

 

  1. IF PARTICIPANT IS A MINOR: I consent to my minor participating in the Photoshoot. I agree to my and my minor’s assumption of the risks and the dangers described above, and to all releases and indemnities above.  I agree individually, personally and on the above minor’s behalf to each and every provision above which I have read and fully understand.  I am legally authorized to act as the parent or legal guardian of the above minor and authorize the Company to seek on my behalf reasonable medical and surgical care that may be necessary as a result of any injury my minor sustains while participating in the Photoshoot if I am not reasonably present to authorize such care myself.

I HAVE READ THIS FULL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I AM GIVING UP MY RIGHT TO SUE.  I AM SIGNING FREELY AND VOLUNTARILY. I INTEND BY MY SIGNATURE THIS TO BE AN UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.